Mutual recognition of judicial decisions in criminal matters and the role of the national judge*

Abstract

On 23 -25 October 2006, ERA organised a conference on the principle of mutual recognition, and in particular on its legal implications for national judges. Based on the results of that conference, this article presents an overview of this form of cooperation in criminal matters from a legislative and a jurisprudential perspective. Firstly, it analyses the principle of mutual recognition in a broader context (internal market; judicial cooperation in civil matters) in order to better understand its contours. We also address the question whether this principle is as 'revolutionary' as many proclaim it to be. Secondly, (the progress of and obstacles to) the legislative programme of mutual recognition are discussed. Finally, after an excursus on a few key issues connected to the European Arrest Warrant, the article deals with the development of the above-mentioned principle and other aspects of criminal law in the case law of the European court of Justice.

The mutual recognition principle in criminal matters: a review

“…5 Other suggestions for changes which have been made have included the insertion of a common ground for non-execution based on human rights, the improvement of the consultation procedure, legal remedies and compensations. 6 In this context, the Hague Programme of 2005 7 and later the Stockholm Programme 8 have addressed the finding of solutions to these problems as key priorities.…”

“…The latest authors add doubts on the democratic legitimacy of the principle, due to the absence of any influence on other procedural systems 5. Fischera[5], 24-25, Murphy[14] 6. Weyembergh[24], taking in account the risks of a step backward 7.…”